Statutory Instruments Act

Marginal note:Proposed regulations sent to Clerk of Privy Council

• 3 (1) Subject to any regulations made pursuant to paragraph 20(a), where a regulation-making authority proposes to make a regulation, it shall cause to be forwarded to the Clerk of the Privy Council three copies of the proposed regulation in both official languages.

• Marginal note:Examination

  (2) On receipt by the Clerk of the Privy Council of copies of a proposed regulation pursuant to subsection (1), the Clerk of the Privy Council, in consultation with the Deputy Minister of Justice, shall examine the proposed regulation to ensure that

  • (a) it is authorized by the statute pursuant to which it is to be made;

  • (b) it does not constitute an unusual or unexpected use of the authority pursuant to which it is to be made;

  • (c) it does not trespass unduly on existing rights and freedoms and is not, in any case, inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights; and

  • (d) the form and draftsmanship of the proposed regulation are in accordance with established standards.

• Marginal note:Advise regulation-making authority

  (3) When a proposed regulation has been examined as required by subsection (2), the Clerk of the Privy Council shall advise the regulation-making authority that the proposed regulation has been so examined and shall indicate any matter referred to in paragraph (2)(a), (b), (c) or (d) to which, in the opinion of the Deputy Minister of Justice, based on that examination, the attention of the regulation-making authority should be drawn.

• Marginal note:Application

  (4) Paragraph (2)(d) does not apply to any proposed rule, order or regulation governing the practice or procedure in any proceedings before the Supreme Court of Canada, the Federal Court of Canada, the Tax Court of Canada or the Court Martial Appeal Court of Canada.